Snake menace: Kerala HC orders Local Bodies to clear abandoned land on own expense

KOCHI: In a significant judgment aimed at public safety, the Kerala High Court has ruled that local self-government institutions (LSGIs) cannot remain passive spectators when overgrown private plots turn into breeding grounds for venomous snakes. The court emphasised that local bodies must take immediate action to clear such properties without waiting to identify or trace the landowners, affirming that local authorities possess the absolute legal power to do so.

The ruling was passed by Justice P.V. Kunhikrishnan while hearing a petition filed by Jiji Varghese, a resident of Thekkekara in Mavelikkara. Jiji Varghese had approached the court, highlighting the severe threat posed by venomous creatures straying from an adjacent, abandoned plot.

The High Court clarified that this directive is strictly applicable to all local bodies across the state.

Authority under Panchayat Raj Act

The court noted that if a situation poses an immediate danger to public life, authorities are not required to issue a notice to the owner and wait indefinitely for a response.

Under Sections 238 and 239 of the Kerala Panchayat Raj Act, local bodies are fully empowered to eliminate such public nuisances. Even if the landowner is untraceable, the Panchayat must intervene on its own accord to clear the overgrown vegetation. The expenses incurred for the cleanup can be legally recovered from the owner once they are identified, the court added.

The petitioner, who resides with elderly parents, had initially filed a complaint on the Chief Minister's grievance redressal portal regarding the snake menace from the neighbouring property. However, the Mavelikkara Thekkekara Panchayat maintained that despite seeking information from the Village Office, they could not locate the owner to serve a notice.

Rejecting the Panchayat's defence, the High Court directed the local body to clear the plot within 10 days.

'Common dense must prevail over legal technicalities'

The court expressed deep concern over the recurring tragedy of snakebite fatalities, particularly during the school reopening season in June.

• Public Threat: Overgrown plots in residential areas are rapidly becoming breeding hubs for snakes, turning the issue from a mere nuisance into a life-threatening emergency.
• Judicial Observation: The court observed that in matters concerning public safety, practical common sense must take precedence over complex legal technicalities.